homer11dog unenforceable diary

[Never-In-Doubt]

Re: homer11dog unenforceable diary

I have now received a letter from Mercers dated 8th October (only received the 15th October) giving me 48 hour notice that a local representative from a local debt collections firm in my area will call to obtain payment.

Respond to Mercers with this: ---> viewtopic.php?p=182#p182

[Never-In-Doubt]

Re: homer11dog unenforceable diary

I have still not heard anything from Halifax or Westcot since I sent the letter dated 04/10/10 (see forum post 3rd October).

Just ignore them until they do write...

[Never-In-Doubt]

Re: homer11dog unenforceable diary

Northern Rock have still not sent a CCA request sent on the 04/10/10, it is now 12+2 days, they have not even cashed the cheque. One thing though the initial loan amount was for £25,000 Unprotected, I have read somewhere that CCA requests (or conditions) do not apply to loans over £25,000, is this true?

If it was £25,000 then it conforms to the CCA. Don't worry, you'll have a normal unsecured loan - you can borrow £25k and then they add the interest but as your capital is only ever £25k, this conforms to CCA. Did you check track and trace, for proof of delivery? Sometimes the lender does not cach the cheque so don't assume they don't have it - its UE until they respond anyway. ;-y

[homer22dog]

Re: homer11dog unenforceable diary

Hi Niddy,

I have sent you an email with the so called credit agreements Halifax and Barclaycard sent for you to look at.

Also I checked the track and trace for the Northern Rock CCA request, it was received and signed for on the 5th October.

Thank you!

Homer11dog

[Never-In-Doubt]

Re: homer11dog unenforceable diary

Barclays - This is their final response, so you simply ignore them for the moment. Your problem here was going to the FOS - the FOS never get involved in UE cases.

Halifax - There are no prescribed terms on the APPLICATION form they sent so the muppets are incorrect, this is indeed unenforceable! However, it's their final response so ignore them and see what develops.

N-Rock - No rush here, just leave them to dig a deeper hole, sit tight and when they respond, let us know.

So to summarise, for the moment you do not need to do anything.

[homer22dog]

Re: homer11dog unenforceable diary

Hi Niddy,

I have just sent you a copy of the CCA Northern Rock sent this morning, I, am not feeling confident that it is UE though, ;P-;

Mercer 1 have kept calling all over the weekend; just been putting the phone down on them!
Thanks,

Homer11dog

[Never-In-Doubt]

Re: homer11dog unenforceable diary

Hi Niddy,

I have just sent you a copy of the CCA Northern Rock sent this morning, I, am not feeling confident that it is UE though, ;P-;

Mercer 1 have kept calling all over the weekend; just been putting the phone down on them!
Thanks,

Homer11dog

Hiya

You're right it is enforceable as all the Prescribed terms are present along with your signature...

Sorry, time to negotiate a repayment plan with them......

As for Mercers, is that regards to this account? Well then, as it is enforceable they will cease calling when you update them with your proposals to repay.....

[homer22dog]

Re: homer11dog unenforceable diary

Hi All,

Just a quick update and ‘looking for some advice with solicitor’s letter’

Barclaycard Account
This account keeps being past from DCA to DCA, it is currently with “DEBT MANAGERS LTD” last letter from them stated I had not complied with Default Notice, it then goes on to state that no more statements will be sent and that interest will be added at 1% per month. (Last contact with Barclaycard themselves was via phone when they agreed to remove my phone number off their files; don’t seem to be getting anymore phone calls.)

Halifax Account
This has now been passed onto CapQuest Debt Recovery, I keep receiving calls every day and threats of a doorstep collector visiting my home, this is after letters sent to Halifax and other DCA previously telling them to stop phoning me and don’t give permission for them to visit me. I have just ignored all this and refuse to answer telephone security questions; the only thing is that it is starting to stress my wife out.

I received a letter yesterday 24th January which was dated 20/01/11 from HL Legal Solicitors in association with SAMPSON & Co, this basically say that “unless this account is paid in full or a satisfactory proposal for settlement is received by 02 Feb 11 Court proceeding may be issued against you without further notice”. I reckon this is just another tool they use to scare you, what do you all thing?

Niddy! I’ll send you a copy of the letter.

Thanks Homer11dog

[Never-In-Doubt]

Re: homer11dog unenforceable diary

Halifax Account
This has now been passed onto CapQuest Debt Recovery, I keep receiving calls every day and threats of a doorstep collector visiting my home, this is after letters sent to Halifax and other DCA previously telling them to stop phoning me and don’t give permission for them to visit me. I have just ignored all this and refuse to answer telephone security questions; the only thing is that it is starting to stress my wife out.

Ok, send this to CrapQuest now: ---> Harassment by Telephone Threat of Legal Action Template

I received a letter yesterday 24th January which was dated 20/01/11 from HL Legal Solicitors in association with SAMPSON & Co, this basically say that “unless this account is paid in full or a satisfactory proposal for settlement is received by 02 Feb 11 Court proceeding may be issued against you without further notice”. I reckon this is just another tool they use to scare you, what do you all thing?

Niddy! I’ll send you a copy of the letter.

Send this back to HL Legal: ---> Threat by Lender/D.C.A - To commence litigation

[Never-In-Doubt]

Re: homer11dog unenforceable diary

Barclaycard Account
This account keeps being past from DCA to DCA, it is currently with “DEBT MANAGERS LTD” last letter from them stated I had not complied with Default Notice, it then goes on to state that no more statements will be sent and that interest will be added at 1% per month. (Last contact with Barclaycard themselves was via phone when they agreed to remove my phone number off their files; don’t seem to be getting anymore phone calls.)

Can you email me the agreement, termination notice and the default notice please? Lets see how genuine their processes were - hopefully they screwed up!

[homer22dog]

Re: homer11dog unenforceable diary

Hi Niddy,

I have hunted everywhere, I’ve gone through every letter sent, and can’t find any default notice from Barclaycard anywhere, so I did a credit search with Equafax; I found that there is no default notice placed on the account with Barclaycard.

There has been a default placed on the Halifax account, what I also found out is that CrapQuest have carried out 3 credit searchers on me within the last month; can they do this without my permission?

Thanks

Homer11dog

[Never-In-Doubt]

Re: homer11dog unenforceable diary

Hi Niddy,

I have hunted everywhere, I’ve gone through every letter sent, and can’t find any default notice from Barclaycard anywhere, so I did a credit search with Equafax; I found that there is no default notice placed on the account with Barclaycard.

There has been a default placed on the Halifax account, what I also found out is that CrapQuest have carried out 3 credit searchers on me within the last month; can they do this without my permission?

Thanks

Homer11dog

Hiya

Don't worry about the credit searches, they go after 1 year and mean nothing right now. Regards to the default with Barclays, is there a default status showing on the credit files?

[homer22dog]

Re: homer11dog unenforceable diary

Yes there is a default showing on my credit file for the Barclaycard account; I have also just received a letter from DEBT MANAGERS LTD acting for Barclaycard; this is over not receiving payment from previous correspondence, “We therefore give notice pursuant to the County Courts Act 1984, that proceeding to recover this debt, together with Solicitors fees and costs, may be instigated in Rotherham County Court.” Should I just resent them the Threat by Lender/D.C.A - To commence litigat letter?

Thanks Homer11dog

[Never-In-Doubt]

Re: homer11dog unenforceable diary

Yes there is a default showing on my credit file for the Barclaycard account; I have also just received a letter from DEBT MANAGERS LTD acting for Barclaycard; this is over not receiving payment from previous correspondence, “We therefore give notice pursuant to the County Courts Act 1984, that proceeding to recover this debt, together with Solicitors fees and costs, may be instigated in Rotherham County Court.” Should I just resent them the Threat by Lender/D.C.A - To commence litigat letter?

Thanks Homer11dog

Hiya

yes send that asap....